[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2130 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2130
To require the Bureau of Indian Affairs to process and complete all
mortgage packages associated with residential and business mortgages on
Indian land by certain deadlines, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2025
Mr. Johnson of South Dakota (for himself, Mr. Zinke, Mr. Cole, and Mr.
Neguse) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Bureau of Indian Affairs to process and complete all
mortgage packages associated with residential and business mortgages on
Indian land by certain deadlines, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Trust Land Homeownership Act
of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable bureau office.--The term ``applicable Bureau
office'' means--
(A) a Regional office of the Bureau;
(B) an Agency office of the Bureau; or
(C) a Land Titles and Records Office of the Bureau.
(2) Bureau.--The term ``Bureau'' means the Bureau of Indian
Affairs.
(3) Director.--The term ``Director'' means the Director of
the Bureau.
(4) First certified title status report.--The term ``first
certified title status report'' means the title status report
needed to verify title status on Indian land.
(5) Indian land.--The term ``Indian land'' has the meaning
given the term in section 162.003 of title 25, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(6) Land mortgage.--The term ``land mortgage'' means a
mortgage obtained by an individual Indian who owns a tract of
trust land for the purpose of--
(A) home acquisition;
(B) home construction;
(C) home improvements; or
(D) economic development.
(7) Leasehold mortgage.--The term ``leasehold mortgage''
means a mortgage, deed of trust, or other instrument that
pledges the leasehold interest of a lessee as security for a
debt or other obligation owed by the lessee to a lender or
other mortgagee.
(8) Mortgage package.--The term ``mortgage package'' means
a proposed residential leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-way document submitted to
an applicable Bureau office under section 3(a)(1).
(9) Relevant federal agency.--The term ``relevant Federal
agency'' means any of the following Federal agencies that
guarantee or make direct mortgage loans on Indian land:
(A) The Department of Agriculture.
(B) The Department of Housing and Urban
Development.
(C) The Department of Veterans Affairs.
(10) Right-of-way document.--The term ``right-of-way
document'' has the meaning given the term in section 169.2 of
title 25, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(11) Subsequent certified title status report.--The term
``subsequent certified title status report'' means the title
status report needed to identify any liens against a
residential, business, or land lease on Indian land.
SEC. 3. MORTGAGE REVIEW AND PROCESSING.
(a) Review and Processing Deadlines.--
(1) In general.--As soon as practicable after receiving a
proposed residential leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-way document, the
applicable Bureau office shall notify the lender that the
proposed residential leasehold mortgage, business leasehold
mortgage, or right-of-way document has been received.
(2) Preliminary review.--
(A) In general.--Not later than 10 calendar days
after receipt of a proposed residential leasehold
mortgage, business leasehold mortgage, land mortgage,
or right-of-way document, the applicable Bureau office
shall conduct and complete a preliminary review of the
residential leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-way document to
verify that all required documents are included.
(B) Incomplete documents.--As soon as practicable,
but not more than 2 calendar days, after finding that
any required documents are missing under subparagraph
(A), the applicable Bureau office shall notify the
lender of the missing documents.
(3) Approval or disapproval.--
(A) Leasehold mortgages.--Not later than 20
calendar days after receipt of a complete executed
residential leasehold mortgage or business leasehold
mortgage, proof of required consents, and other
required documentation, the applicable Bureau office
shall approve or disapprove the residential leasehold
mortgage or business leasehold mortgage.
(B) Right-of-way documents.--Not later than 30
calendar days after receipt of a complete executed
right-of-way document, proof of required consents, and
other required documentation, the applicable Bureau
office shall approve or disapprove the right-of-way
document.
(C) Land mortgages.--Not later than 30 calendar
days after receipt of a complete executed land
mortgage, proof of required consents, and other
required documentation, the applicable Bureau office
shall approve or disapprove the land mortgage.
(D) Requirements.--The determination of whether to
approve or disapprove a residential leasehold mortgage
or business leasehold mortgage under subparagraph (A),
a right-of-way document under subparagraph (B), or a
land mortgage under subparagraph (C)--
(i) shall be in writing; and
(ii) in the case of a determination to
disapprove a residential leasehold mortgage,
business leasehold mortgage, right-of-way
document, or land mortgage shall, state the
basis for the determination.
(E) Application.--This paragraph shall not apply to
a residential leasehold mortgage or business leasehold
mortgage with respect to Indian land in cases in which
the applicant for the residential leasehold mortgage or
business leasehold mortgage is an Indian tribe (as
defined in subsection (d) of the first section of the
Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150;
25 U.S.C. 415(d))) that has been approved for leasing
under subsection (h) of that section (69 Stat. 539,
chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
(4) Certified title status reports.--
(A) Completion of reports.--
(i) In general.--Not later than 10 calendar
days after the applicable Bureau office
approves a residential leasehold mortgage,
business leasehold mortgage, land mortgage, or
right-of-way document under paragraph (3), the
applicable Bureau office shall complete the
processing of, as applicable--
(I) a first certified title status
report, if a first certified title
status report was not completed prior
to the approval of the residential
leasehold mortgage, business leasehold
mortgage, land mortgage, or right-of-
way document; and
(II) a subsequent certified title
status report.
(ii) Requests for first certified title
status reports.--Notwithstanding clause (i),
not later than 14 calendar days after the
applicable Bureau office receives a request for
a first certified title status report from an
applicant for a residential leasehold mortgage,
business leasehold mortgage, land mortgage, or
right-of-way document under paragraph (1), the
applicable Bureau office shall complete the
processing of the first certified title status
report.
(B) Notice.--
(i) In general.--As soon as practicable
after completion of the processing of, as
applicable, a first certified title status
report or a subsequent certified title status
report under subparagraph (A), but by not later
than the applicable deadline described in that
subparagraph, the applicable Bureau office
shall give notice of the completion to the
lender.
(ii) Form of notice.--The applicable Bureau
office shall give notice under clause (i)--
(I) electronically through secure,
encryption software; and
(II) through the United States
mail.
(iii) Option to opt out.--The lender may
opt out of receiving notice electronically
under clause (ii)(I).
(b) Notices.--
(1) In general.--If the applicable Bureau office does not
complete the review and processing of mortgage packages under
subsection (a) (including any corresponding first certified
title status report or subsequent certified title status report
under paragraph (4) of that subsection) by the applicable
deadline described in that subsection, immediately after
missing the deadline, the applicable Bureau office shall
provide notice of the delay in review and processing to--
(A) the party that submitted the mortgage package
or requested the first certified title status report;
and
(B) the lender for which the mortgage package
(including any corresponding first certified title
status report or subsequent certified title status
report) is being requested.
(2) Requests for updates.--In addition to providing the
notices required under paragraph (1), not later than 2 calendar
days after receiving a relevant inquiry with respect to a
submitted mortgage package from the party that submitted the
mortgage package or the lender for which the mortgage package
(including any corresponding first certified title status
report or subsequent certified title status report) is being
requested or an inquiry with respect to a requested first
certified title status report from the party that requested the
first certified title status report, the applicable Bureau
office shall respond to the inquiry.
(c) Delivery of First and Subsequent Certified Title Status
Reports.--Notwithstanding any other provision of law, any first
certified title status report and any subsequent certified title status
report, as applicable, shall be delivered directly to--
(1) the lender;
(2) any local or regional agency office of the Bureau that
requests the first certified title status report or subsequent
certified title status report;
(3) in the case of a proposed residential leasehold
mortgage or land mortgage, the relevant Federal agency that
insures or guarantees the loan; and
(4) if requested, any individual or entity described in
section 150.303 of title 25, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(d) Access to Trust Asset and Accounting Management System
(TAAMS).--Beginning on the date of enactment of this Act, the relevant
Federal agencies and Indian Tribes shall have read-only access to
portals containing the relevant land documents from the Trust Asset and
Accounting Management System (commonly known as ``TAAMS'') maintained
by the Bureau.
(e) Annual Report.--
(1) In general.--Not later than March 1 of each calendar
year, the Director shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report describing--
(A) for the most recent calendar year, the number
of requests received to complete residential leasehold
mortgage packages, business leasehold mortgage
packages, land mortgage packages, and right-of-way
document packages (including any requests for
corresponding first certified title status reports and
subsequent certified title status reports), including a
detailed description of--
(i) requests that were and were not
successfully completed by the applicable
deadline described in subsection (a) by each
applicable Bureau office; and
(ii) the reasons for each applicable Bureau
office not meeting any applicable deadlines;
and
(B) the length of time needed by each applicable
Bureau office during the most recent calendar year to
provide the notices required under subsection (b)(1).
(2) Requirement.--In submitting the report required under
paragraph (1), the Director shall maintain the confidentiality
of personally identifiable information of the parties involved
in requesting the completion of residential leasehold mortgage
packages, business leasehold mortgage packages, land mortgage
packages, and right-of-way document packages (including any
corresponding first certified title status reports and
subsequent certified title status reports).
(f) GAO Study.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives a report that
includes--
(1) an evaluation of the need for residential leasehold
mortgage packages, business leasehold mortgage packages, land
mortgage packages, and right-of-way document packages of each
Indian Tribe to be digitized for the purpose of streamlining
and expediting the completion of mortgage packages for
residential mortgages on Indian land (including the
corresponding first certified title status reports and
subsequent certified title status reports); and
(2) an estimate of the time and total cost necessary for
Indian Tribes to digitize the records described in paragraph
(1), in conjunction with assistance in that digitization from
the Bureau.
SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.
(a) In General.--The Director shall establish within the Division
of Real Estate Services of the Bureau the position of Realty Ombudsman,
who shall report directly to the Secretary of the Interior.
(b) Functions.--The Realty Ombudsman shall--
(1) ensure that the applicable Bureau offices are meeting
the mortgage review and processing deadlines established by
section 3(a);
(2) ensure that the applicable Bureau offices comply with
the notices required under subsections (a) and (b) of section
3;
(3) serve as a liaison to other Federal agencies, including
by--
(A) ensuring the Bureau is responsive to all of the
inquiries from the relevant Federal agencies; and
(B) helping to facilitate communications between
the relevant Federal agencies and the Bureau on matters
relating to mortgages on Indian land;
(4) receive inquiries, questions, and complaints directly
from Indian Tribes, members of Indian Tribes, and lenders in
regard to executed residential leasehold mortgages, business
leasehold mortgages, land mortgages, or right-of-way documents;
and
(5) serve as the intermediary between the Indian Tribes,
members of Indian Tribes, and lenders and the Bureau in
responding to inquiries and questions and resolving complaints.
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